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    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Threat merchants....


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called one @ credit solutions one and he said "I am going to terminate this call because you are being racist" !!!!!!!!!!:D

 

lol looks like you touched a soft spot there Kurvaface. like to know how its racist when you have no idea what they look like? when you were in fact referring to their threats not their appearance or colour. :D

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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lol looks like you touched a soft spot there Kurvaface

 

I think it was all he could think of when the penny dropped that I had a better understanding of my rights than he did:D

 

Thanks CAG.... this year you empowered me and for that I am thankful:)

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before you have a "larf" with them on the phone- do bear in mind that they do record the conversations and if you end up in court with them that last thing you will want is them submitting transcripts of tape recordings as evidence of your attitude towards dealing with the debt

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before you have a "larf" with them on the phone- do bear in mind that they do record the conversations and if you end up in court with them that last thing you will want is them submitting transcripts of tape recordings as evidence of your attitude towards dealing with the debt

 

Ill worry about them taking me to court and using taped conversations when hell freezes over...:-D

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well i had one DCA on the phone yesterday asking me for the case number and name of the person handling my case regarding a complaint to the ombudsman i had made about MBNA's handling of the account E.G invalid default notice, placing of default on my credit file prior to the 14 days of a valid notice elapsing (no valid notice was received by the way) and unlawful termination of account. she went on to argue that the debt was not in dispute, saying i avoiding paying the debt back, well am sorry but i not avoiding it its a matter of priniciple. Why should i pay back a debt when they have acted unlawfully towards me.

 

So she went on and on about it saying she not believe that the debt is disputed and only their (MBNA's) conduct is disputed, well it doesnt matter what part is disputed as a dispute places the whole account in dispute not just 25% of the account. but she wasnt having it lol. So i told her look the account as far am concerned is in dispute with MBNA as such they can not pursue the debt until it is resolved and also the invalid default notice makes it unenforceable anyway. oh and that made her say the phone call is being recorded (never told me that at the begining of the call though lol) and we will use it in court as prove you are just avoiding your debt. I said i am not avoiding anything i told your colleague the the day before that i will only start making repayments once the ombudsman has investigated and told me of their final decision in which i may then take court action to resolve the dispute, i will pay what ever is left to be paid if anything then and not before. bet they dont have a recording of that conversation at court when they take me to court.

 

so then she went on about asking for the case number again and the case handlers name, so i said look if you hadnt argued with me i would have given it to you just like i have fully cooperated in all previous communications with your company. but after listening to you arguing with me about weather their is a dispute or not, which by the way its my decision weather i have a dispute with someone or not not bloody yours, so no i not giving you it. SO she says your legally required to, so i said oh yeah and under what law is that then? her responmse was look i not going into legal discussion with you i know what your required to give us i been doing this job long enough. so i said what long enough to get a degree un law or even study it? i ****ing doubt it because their is not legal requirement for myself to provide you with any information weather confidential or not only a judge or memeber of law enforcement agency can request such information in which i would be legally obliged to give to them. but not you, your just a woman sat at a disk on minimum wage looking at a computer making a 100 calls a day puposefully trying to mislead and intimidate people into paying regardless. So she said ok so your not going to give me the case number and case workers name? ERR ****ing no chance love goodbye.

 

LOL they take the **** so much, she says shell use the recording as evidence against me in court? doesnt she realise that the judge will just throw out the case given the current circumstance as its not enforcable, doesnt she know it would cost them a fortune in costs and paying me damages? cos believe me i will counter claim for damages.

 

Infact i sent them a formal letter of complaint, explaining to them everything in no uncertian terms including section 87 and 88 of the consumer credit act 1974, as its clear they not know **** all about the requirements of the act for default notices and case law for unlawful termination. i even dared them to take me to court and told them exactly what the judge would do and theyd be doing me favour taking me to court anyway as ill just bring a counter claim against them, MBNA and varde investment ireland ltd who bought the debt from mbna. somthing which mbna denied claiming the dca bought it, so their clearly trying to hide the fact they avoiding paying vat again which i also mentioned.

 

Thats pretty much how they talk to people on the phone, deliberatly missleading people as to the law and your rights as a consumer. And making pointless phone calls for pointless bits of information taht they not even entitled to. But telling me that their is no dispute when i have said yes their is and have letters both sent and received by me dealing with it to prove that their is a dispute, takes the ****ing ****. who the hell are they to tell me if i am or not in dispute? i think i have a better idea of weather i in dispute or not since its my decision weather to dispute something or not, not the decision of some unqualified missleading **** taker tryng to improve her monthly commision bonus on collected payments.

 

Am sorry for the rant but once i got going i just had to get it all out. but god help them ****s if they decide to take me on, ill walk right over the top of the ****ers. And mbna are ****ed cos the hm revenue and customs are pretty keen for the full details when i sent them an email about MBNA and varde investments so their ****ed an no doubt looking at another fine that is in the millions again lol

 

oh and sorry for the bad grammer etc but when i go on one my grammer and spelling goes to hell shortly followed by the DCA's :D

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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DON'T CALL THEM EVER!!!!!

 

IF THEY CALL - REFUSE TO COMPLETE SECURITY

 

DON'T INSULT THEM OVER THE PHONE.

 

Write to them and demand they send you a CCA that is enforceable.

 

Trust me, works much better than any verbal insult.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Absolutely!! Never been so insulted in all my life!!

16hqbz7.jpg

 

lol i always wondered want they looked like on the other end geuss my friend was right when he said they might sound sexy (well when their being nice they do) but i bet they look like a minger lol

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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No. what motivates them is the commission and if you don't hit target you're out of a job.

 

It's no wonder so many resort to scare tactics, lies and deception, while the boses turn a blind eye and count the money.

 

Being serious I would like to see an end to commission in the DCA industry and audit of calls. This would wipe out 90% of the problems in one go, but I don't see the CSA offering to do this...wonder why.

 

Bank bonuses questioned, stop commission in the collection industry...thats the next campaign......watch this space

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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